§ 13-3. Definitions.

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. The word "shall" is always mandatory and not merely directory.

(a)

Blast area: The area in which concussion (shock wave), flying material, or gases from an explosion may cause injury to persons. In determining the blast area, the following factors shall be considered:

(1)

Geology or material to be blasted.

(2)

Blast pattern.

(3)

Burden, depth, diameter, and angle of the holes.

(4)

Blasting experience of the operation.

(5)

Delay system, powder factor, and pounds per delay.

(6)

Type and amount of explosive material.

(7)

Type and amount of stemming.

(b)

Blaster: An individual who must be employed by a user and properly licensed, who detonates or otherwise effects the explosion of an explosive or who is in immediate personal charge and supervision of one (1) or more other persons engaged in such activity.

(c)

Blasting agent: Any material or mixture, consisting of a fuel and oxidizer, intended for blasting, not otherwise classified as an explosive, in which none of the ingredients is classified as an explosive, provided that the finished product, as mixed and packaged for use or shipment, cannot be detonated by means of a No. 8 test blasting cap when unconfined. Materials or mixtures classified as nitro carbo nitrates by the Department of Transportation regulations shall be included in this definition.

(d)

Blast site: The area where explosive material is handled during loading including the perimeter formed by the blastholes and fifty (50) feet in all directions from loaded holes. The fifty-foot requirement also applies in all directions along the full depth of the hole.

(e)

Carrier: Person who engages in the transportation of particles or materials by rail, highway, water or air. (Regulated by Article 28 of the County Fire Code).

(f)

Dealer: A person engaged in the wholesale or retail business of buying and selling explosives; provided that should a manufacturer-distributor make sales to users, such manufacturer shall not be required to obtain an additional license as a dealer. (Regulated by Article 28 of the County Fire Code).

(g)

Detonator: Any device containing a detonating charge that is used for initiating detonation in an explosive. The term includes, but is not limited to, electric blasting caps of instantaneous and delay types, blasting caps for use with safety fuses, detonating cord delay connectors, and nonelectric instantaneous and delay blasting caps.

(h)

Director: The Director of the Miami-Dade County Public Works Department.

(i)

Explosive: Any mixture, compound or material capable of producing an explosion, including but not limited to dynamite, nitroglycerin, trinitrotoluene, blasting caps and detonators; but not including cartridges for firearms, and not including fireworks as defined in (the) County Fire Code.

(j)

Helper: An individual who assists the user or blaster and who is licensed to handle but not to purchase, possess or detonate explosives.

(k)

Magazine: Any building or structure approved for the storage of explosives.

(l)

Manufacturer-distributor: A person engaged in the manufacture, production and distribution of explosives to others for resale or use. (Regulated by Article 28 of the County Fire Code).

(m)

Person: Any natural person, partnership, association, corporation, or legal entity.

(n)

Purchase: As used herein shall include acquisition of any explosive by a person with or without consideration.

(o)

Small arms ammunition: Any shotgun, rifle, or handgun ammunition.

(p)

Special industrial explosive device: Any explosive power-pak containing an explosive charge in the form of a cartridge or construction device. The term includes but is not limited to explosive rivets, explosive bolts, explosive charges for driving pins or studs, cartridges for explosive-actuated power tools and charges of explosives used in pet tapping of open hearth furnaces and jet perforation of oil well casings.

(q)

Special industrial high explosive material: Sheets, extrusions, pellets and packages of high explosives, containing dynamite, trinitrotoluene, pentaerythritoltetrate, cyclotrimethylene-trinitramine, or other similar compounds used for high-energy-rate forming, expanding and shaping metal fabrication, and for dismemberment and quick reduction of scrap metal.

(r)

Terminal: Those facilities used by carriers for the receipt, transfer, temporary storage or delivery of articles or materials. (Regulated by Article 28 of the County Fire Code.)

(s)

Test blasting cap No. 8: One (1) containing two (2) grams of mixture of eighty (80) percent mercury fulminate and twenty (20) percent potassium chlorate, or a cap of equivalent strength.

(t)

Two pound user: Same as user as described in Section 13-3(u) except with the following limitation: that the amount of explosives to be used at any one (1) time whether fired or detonated as a single charge or delay series does not exceed the total explosive power or capacity of two (2) pounds of forty (40) percent dynamite.

(u)

User: The person who conducts an operation that requires the use of explosives or blasting agents, purchases same from a dealer or manufacturer-distributor, or acquires the possession of any explosive by any other means. A user shall be responsible for the consequences of all its blasting activity involving explosives or blasting agents and shall ensure that all its personnel handling or using same are properly licensed by the County. A user shall possess a county user permit in the name of one (1) or more individuals who shall obtain this County user permit in accordance with the procedures outlined in Section 13-5 and/or section 13-7 as applicable.

(v)

Recognized standards and references shall mean the most restrictive applicable blasting standard or reference on the particular issue (i.e., air blast, vibration, scaled distance factor, etc.) among, but not limited to, the following: United States Bureau of Mines' Reports of Investigations, Information Circulars, papers, and presentations; International Society of Explosives Engineers' conference proceedings, relevant blasting reports, information circulars, and presentations; the American National Standards Institute's standards and reports on explosives, blasting and related subjects; and United States or State Agencies' regulations and reports.

(Ord. No. 96-45, § 1, 3-19-96)